Legal Question in Criminal Law in California

illegal search and seziure upon a felon

I am an ex felon currnetly on Federal Probation (2nd.

felony) girlfriend called police; they took fire arm from a

room on premiseces. I was at work at the time. I was

arrested latter that night for a warrent, but charged with

felon in possesion of a fire arm. (Quesition) Girl friend

being room mate in seperate rooms does she have the ability

to give consent to the peace officers to search my room.

Please quote PC's on Illegal search and se


Asked on 4/17/03, 5:26 am

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: illegal search and seziure upon a felon

your question appears to be that of actual authority to give consent by your g/f versus apparent authority under the circumstances. from the facts given, if you and your g/f have separate rooms and do not have "free run" of each other's rooms per se, you definitely may have a strong argument that your g/f lacked actual and/or reasonable apparent authority to give consent to the officers who entered your room. also, was the room locked?

if this is the case, any evidence that the officers found in your room would be inadmissible as "an illegal fruit of the poisonous tree" under the WONG SUN court case. thus, it would not be allowed into court as evidence, which would mean there would be a strong chance that your case would be dismissed if thats the only strong piece of evidence they have toward your conviction now. if you would like further legal assistance and/or representation, email my Law Office today directly with more details.

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Answered on 4/17/03, 2:40 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: illegal search and seziure upon a felon

The area of search ans siezure is complex. Generally a room mate cannot give permission for the police to search the bedroom of the other person. If both parties have access to the room then the consent may be valid.

You should have a public defender representing you ask that attorney about your situation.

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Answered on 4/18/03, 12:58 am


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